Section 4 - [Effective until 1/1/2025] Judicial Sales; Settlements; Receiverships(1) Pursuant to the circuit court's order and in conformity with AP Part IV, Section 3, judicial sales may be executed, and accounts of estates may be settled, by a master commissioner. Subject to Section 1(3) and except as otherwise provided in Section 5, the terms and conditions of the judicial sale or estate settlement shall be established by the circuit court either in its order or rule, and in conformity with the Kentucky Revised Statutes.(2) The judgment and order of sale directing the master commissioner to sell property shall be served upon every party who is not in default for failure to appear.(3) For judicial sales referred to the master commissioner, the AOC-141S (Order Referring Case to Master Commissioner for Judicial Sale) or the AOC-141SP (Order Referring Case to Special Master Commissioner for Judicial Sale), shall be utilized. For all other matters referred to the master commissioner, the AOC-141 (Order Referring Case to Master Commissioner) shall be utilized.(4) A master commissioner shall draft and execute documents necessary to complete any responsibility, including a report of any settlement, sale, or receivership. Further, an order of referral shall be entered by the circuit court referring the case to the master commissioner. Such documents shall be filed with the circuit court clerk of the county, which shall be entered into the case management system of the circuit court.(5) The master commissioner shall serve notice of the date, time and place of the judicial sale upon every party who is not in default for failure to appear.(6) Civil matters pertaining to the discovery of assets of judgment debtors may be referred to a master commissioner.Ky. Admin. P. Ct. Justice. 4
Amended by order 2017-08, eff. 7/6/2017; Part IV last amended by Order 2015-25, eff. 1/1/2016; amended by Order 2018-22, eff. 1/1/2019; amended by order 2021-33, eff. 9/20/2021; amended by order 2024-07, eff. 3/4/2024.